Brian E. Dickerson

Mr. Dickerson focuses his practice on complex litigation and regulatory matters defending clients against government actions, administrative proceedings and parallel civil and criminal proceedings. He litigates complex fraud cases, including securities, bank, mortgage, procurement and health care fraud (stark law and false claims cases), as well as Foreign Corrupt Practices Act (FCPA) matters in federal and state courts throughout the U.S.

His national defense practice involves the representation of individuals and companies in civil, regulatory and criminal matters related to government procurement, compliance and litigation. He routinely represents officers and directors, physicians, hospitals, financial institutions, household good companies, food companies, as well as Fortune 500 companies in matters related or initiated by the SEC, FDA, Department of Justice, and other federal and state regulatory agencies. He has defended clients in such matters in Florida, Ohio, Illinois, District of Columbia, New York, Illinois, Michigan, Tennessee, Colorado, Georgia, Texas, Arizona, California, Nevada, Utah, Indiana and Virginia.

His experience includes the representation of domestic and international manufacturers, suppliers and distributors in defending governmental agency investigations into the manufacturing and distribution process and third party transactions causing exposure to false claims and FCPA violations. He regularly conducts internal investigations to identify areas of risk and insure compliance. He provides counsel on developing and implementing compliance programs for companies and their global operations.

Representative Matters

Defended a physician named as a co-defendant in a Qui Tam/ False Claim suit brought by co-defendant’s former employee. The Department of Justice intervened and after aggressive motions and discovery, the client participated in a settlement agreement that excluded the client from any financial participation

Persuaded the Department of Justice not to intervene in a Qui Tam / False Claims Act suit involving a physician’s group and three principal physicians brought by a co-defendant’s former employee. As a result of an aggressive, trial ready defense, the whistleblower dismissed the clients from the lawsuit with prejudice

Defended a manufacturer of cement and concrete products used in highway project in an investigation by the Department of Justice, alleging a False Claims Act violation regarding invoice submitted to the U.S. Department of Transportation in violation of the American Recovery Act

Represented a Fortune 500 drug store chain in the defense of a False Claims Act pursued by the Office of the Inspector General and the Department of Justice, alleging the company had violated the False Claims Act by employing a pharmacist who was on the OIG excluded list. A forensic document analysis revealed the pharmacist in question was a placement employee of a third-party company. Both government entities dismissed the investigation and declined to pursue further action against the client

Represented an independent pharmacy in a seizure and forfeiture action brought by the Drug Enforcement Agency and the U.S. Attorney for the Eastern District of Michigan in two separate searches and seizures of pharmacy operations and related bank accounts. As a result of an aggressive discovery and deposition strategy, the client’s property was returned

Represented a U.S. based company in a Foreign Agent Registration Act (FARA) investigation by the Department of Justice, National Security Division, alleging the entity was under the control of a foreign official or state. After complying with a subpoena, it was established that the client was not subject to FARA and could continue to operate as an established U.S. owned company

Defended an individual named as a co-defendant in a securities fraud class action in the United States District Court of Utah resulting in the District Court denying class certification and limiting damages

Defended a telecommunications provider in an investigation by the Federal Communications Commission (FCC) and Department of Justice in allegations of fraud regarding the Lifeline Program

Drafted and implemented a Foreign Corrupt Practice Act and U.K. Bribery Act Compliance & Training program for a global medical device company

Drafted and implemented a Health Care Fraud Compliance & Training program for ten skilled nursing facilities of a closely-held health care company

Advised a global mining company on third-party due diligence and conducted management employee and agent database training for the client’s global operations

Defended a former CEO and President in parallel proceedings involving numerous civil suits and federal investigation into securities fraud, international money laundering and tax evasion

Avoided prosecution through non-prosecution agreement for a securities company and its founder in Virginia

Granted dismissal of complaint against four defendants in an alleged securities fraud matter in a Nevada state court

Avoided prosecution for a securities company in a multi-state federal task force investigation related to honest services fraud and bribery allegations

Obtained dismissal of a civil complaint alleging securities fraud and RICO complaint against the founder of an international beverage company in Florida

Represented a client in a Federal Corrupt Practices Act (FCPA) investigation where they received information that the company's raw material broker was possibly involved in kickbacks from suppliers located in Central and South America

Negotiated diminimus settlements and dismissals in various food outbreak cases throughout Florida

Obtained dismissal in a civil action commenced based upon U.S. Food and Drug Administration (FDA) violations in Colorado

Persuaded the U.S. Attorney's Office not to intervene in False Claims Act (FCA) complaint in Georgia

Successfully negotiated non-prosecution agreement for a payroll account manager in U.S. District Court in New Jersey

Obtained summary judgment on behalf of developer against architect in Florida

Received dismissal of a product liability complaint against an international food company in Ohio